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Silhouette International Schmied AG
Last updated: 28 September 2017
The following general terms and conditions of business (“Ts&Cs”) apply to all contracts concluded with consumers at our online store www.neubau.com. These contain general legal information about your rights regarding distance selling and e-commerce and list all the conditions under which Silhouette International Schmied AG concludes contracts with customers.
1.1 The contractual partner and operator of the online store is Silhouette International Schmied AG (“Silhouette” or “we”), Ellbognerstraße 24, 4021 Linz, Austria.
1.2 These Ts&Cs alone govern the sale and delivery of all items in the online store. Before placing an order, the customer is given the opportunity to review the Ts&Cs — and to save and print them in due course. To conclude an order, the customer must accept the Ts&Cs by ticking the appropriate box, which applies to the full contents of the contract. Ts&Cs that contradict or differ from these do not apply. For any order of physical goods, the Ts&Cs current at the time of the order apply. Any later amendments do not impact a sale that has already been completed. You can refer to the current Ts&Cs at any time by visiting [Ts&Cs] on our website.
1.3 In the document below, any references made to consumers indicate individuals (or legal entities) and partnerships with legal capacity that complete a transaction for a purpose that does not relate to the company they work for (or own). The purpose for ordering does not relate to any commercial, entrepreneurial or freelance activity. On the other hand, traders are understood to be individuals, legal entities or partnerships with legal capacity for whom the transaction is business-related. The difference between consumers and traders is defined by the Consumer Protection Act and Austrian Commercial Code. A company is any organisation involved in independent economic activity for a significant duration, even if it is not profit-orientated. With regard to regulations pertaining to these Ts&Cs, registered companies (in Austria) and corporate bodies under public law are always regarded as traders.
2. Offers and Concluding a Contract
2.1 After entering your details, accepting the Ts&Cs and completing your order by clicking the “Order and pay” button, you will be sent an order confirmation by email that contains the Ts&Cs as an attachment. The email is generated automatically and is not confirmation that the contract has been concluded. Silhouette will then accept the customer’s contract offer in a separate email, a dispatch confirmation or by sending the goods. Silhouette is not obliged to conclude a contract with the customer. The product portfolio found in the online store should be viewed not as an offer to the customer, but as a general overview that enables the customer to send an offer to Silhouette. The customer’s order is binding as soon as it is submitted.
2.2 You can create a customer account at [Login] to save your data for future purchases. The customer portal also enables you to view further information, such as your previous transactions. Once you have created a customer account, you can access it at any time using your email address and personal password. However, registration is not mandatory and you can purchase products without creating a customer account by choosing the option “Proceed as guest”.
2.3 The product portfolio available in our online store comprises neubau eyewear models from the “neubau eyewear” collection.
2.4 The online product catalogue is actively managed and kept updated by Silhouette. However, we cannot completely rule out any mistakes or errors (e.g. in terms of product availability or product descriptions). Mistakes and errors will be corrected as soon as we are made aware of them. Products can be reserved by using the button “Add to shopping basket”. This is non-binding and the items can be removed at any time by clicking the button “Delete item” (Please note that this does not affect the future availability of the product). Clicking the “Buy” button takes you from your shopping basket to the order screen, where you can complete your order by selecting your preferred payment method.
3. E-commerce partner
When making an order on our online store, you have the option to choose an optician as a “e-commerce partner”. Due to the way our e-commerce partner system works, we recommend choosing your closest optician. Choosing an e-commerce partner entails absolutely no further obligations on your part.
4.1 The payment process is initiated when you choose your preferred payment method. We accept payments by PayPal, credit card and instant bank transfer. We also reserve the right – either for a temporary period or permanently – not to make specific payment methods available and to ask you to use other (more up-to-date) payment methods.
4.3 When choosing the credit card option, you will be asked to give us your credit card details. Your details will then be checked and you will be verified as the legitimate card owner. At this point, we will accept your offer to conclude the contract and ask your credit card company to initiate the payment transaction. Your credit card company will carry out the payment transaction automatically and your card will be charged after the order has been completed.
5. Right of cancellation
5.1 You have the right to withdraw from a contract within fourteen (14) days without giving your reasons for doing so. The cancellation period begins as soon as you — or a third person nominated by you (who is not the carrier) — has taken possession of the latest items. To exercise your right of cancellation, please send a written declaration (e.g. letter or email) to the address given in Point 11 or use the canellaction form. To exercise your right, it is sufficient to send notification before the end of the cancellation period.
5.2 If you cancel the contract, we will reimburse all payments received from you within fourteen (14) days after the date on which we receive your notice of cancellation. We will reimburse you using the same payment method you used to complete the transaction (unless we have explicitly agreed otherwise). The same applies to all delivery costs, except if the customer has chosen a different delivery service than the most cost-effective standard delivery option offered by us. Silhouette will bear the costs for the immediate return of the items. You will never be charged additional fees for the purposes of reimbursement. To return your items, please use the returns form sent with your order and send the goods to PVS Fulfillment GmbH, Silhouette, Paketfach PVS Fulfillment 1, 6965 Wolfurt. Please note that we may defer reimbursement until the items have arrived at PVS Fulfillment GmbH or you have sent us proof of postage. You should send us the items immediately – and certainly no later than fourteen (14) days after your notice of cancellation. You will only be held liable for any potential depreciation of the items if you are deemed to have handled them in an inappropriate fashion.
5.3 Please try to avoid damaging or dirtying the goods and, if possible, return them in their original packaging including all accessory parts (with any protective packaging). If you no longer possess the original packaging, your statutory rights remain unaffected. In this case, please pack your item suitably to give it adequate protection from damage during transport.
6. Prices and delivery costs
The relevant prices are the ones displayed at the time the order was placed at the online store. VAT is inclusive and delivery is free, regardless of the value of the order. Prices are in Euros. Silhouette reserves the right to change the prices at any time.
7.1 Delivery is only within Austria. If whole items or parts of an order cannot be delivered, the customer will be informed by email (unless he/she has already been made aware of the situation during the order process).
7.2 Unless otherwise indicated in the product description, delivery takes place after approximately five (5) working days. Mitigating circumstances beyond Silhouette’s control (such as force majeure, strikes, transport bottlenecks), can lead to a delay in delivery. If such a delay lasts more than fourteen (14) days after the original stated delivery time, the customer is free to cancel the contract irrespective of their legal right of cancellation. There is no basis for further claims — and in particular for any damages.
8. Risk of loss and transport
8.1 The risk of accidental destruction or damage is transferred to the customer when handing over the goods or picking them up from our e-commerce partner (see Point 3).
8.2 The risk – as described in Point 8.1 – for items handed to the courier, freight operator or designated person/organisation responsible for delivery is only transferred to the customer, if the latter signs a contract with another delivery service without availing himself of one of the options provided by Silhouette.
8.3 If the customer is late in accepting the items, the risk of accidental destruction or damage is transferred to the customer from the time at which the delay begins.
9. Retention of title
Silhouette remains the sole proprietor of the goods until the retail price and all other relevant fees have been paid in full. Until that time, the customer bears the complete risk for the items entrusted to him/her, including destruction, loss and depreciation.
10. Warranty; Liability
10.1 The customer’s warranty rights are defined by public warranty regulations. Silhouette is liable for material defects present or already in existence at the handing over of the goods, and any defect of title. The period of limitation for asserting warranty claims shall be twenty-four (24) months, and in the case of material defects, begins from the moment the customer actually receives the goods. In the case of title defects, the period of limitation begins from the day on which the defect is noticed by the customer. For the first six (6) months it is assumed that the item was already defective at the time of purchase. Depending on the type and severity of the defect, the customer can choose whether to repair the damage (repair) or to exchange (exchange) the item in question. Cancellation of the contract (or a price rebate) is only legally possible in specific instances where the customer’s wishes cannot be addressed within a reasonable timeframe, and where repair and exchange are not possible. The product descriptions in the online store describe quality specifications and do not constitute guarantees.
10.2 Please note that Silhouette warranty claims should be made via Silhouette’s e-commerce partner (see Point 3). To do so, you are required to either (i) hand over defective products to your e-commerce partner in person, or (ii) send them to your e-commerce partner’s business address by post. The address will have been sent to you during the ordering process, as well as during your warranty application. For more information, please ask your e-commerce partner directly.
10.3 Silhouette is only liable for damages in cases of wilful or gross negligence of the representatives of its organisation and subcontractors. Silhouette is not liable for ordinary negligence – e.g. data errors due to slight negligence in the online shop or mistakes in marketing communications. Silhouette always assumes full liability for personal injury (loss of life, physical injury or injury to health). Any claims made in accordance with Product Liability Law shall remain unaffected.
11.1 All correspondence and communications should be sent to Silhouette International Schmied AG, Ellbognerstraße 24, 4021 Linz, Austria, firstname.lastname@example.org. Tel: +43(0)7323848 – 0.
11.2 Correspondence and communications to customers will be sent to the most recent email address we have on record. We are not obliged to send personalised correspondence.
12. Final provisions
12.1 Austrian law applies for the purposes of this contract. The contractual language is German.
12.2 For any potential disputes arising directly or indirectly from this contract, the customer can choose between the competent court in their region or the one where Silhouette is headquartered.
12.3 The European Commission has set up an online platform for settling disputes (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to take part in an out-of-court dispute resolution in front of a Consumer Arbitration Service.